The Ninth Circuit Court of Appeals upheld a federal judge’s ruling that California’s ban on same-sex marriage is unconstitutional.

A panel of three judges ruled 2-1 to affirm U.S. District Judge Vaughn Walker’s decision that Proposition 8 violated the due process and equal protection clauses of the constitution.

Supporters of Prop 8 can appeal the ruling to the full Ninth Circuit, or to the Supreme Court.

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